Employers/WC Carriers: What can you do about COVID-19?

Mar. 2020

As we are well aware, the novel coronavirus has entered the United States, and the Centers for Disease Control (CDC) has advised Employers to have a plan ready to deal with this virus and the potential spread. That has left many Employers questioning what they can and cannot do, along with whether an Employee who contracts the virus would be covered under the Wisconsin Worker’s Compensation Act. Here are a few tips to assist you in navigating these situations:

Restrict work travel that is not 100% necessary for job performance.
Restrict non-essential personnel access to the workplace (i.e. no unnecessary visits from clients or relatives, especially if they have just traveled outside the state).
Offer to pay for testing, especially if you employ traveling sales people. Not only will this identify potentially sick Employees early enough to be quarantined, it will also help calm concerns of fellow Employees, if the test comes back negative.
Identify the precautions you are taking to stay open (i.e. extra cleaning, Employee testing, etc).
Encourage Employees to disinfect commonly shared surfaces, encourage good hygiene, provide hand sanitizer, and encourage Employees who feel sick to stay home.
Establish telecommuting policies to address potential workplace closings – this may include updating your Employee handbook to provide clear instructions for everyone.

As far as determining whether you owe WC compensation for an employee contracting coronavirus, things to consider:

Generally, the flu and cold are not covered by Worker’s Compensation as there is no way to know whether they came from work or elsewhere.
That said, when H1N1 (Swine) Flu occurred in 2009, some Wisconsin judges said that if an Employee traveled to an infected area for work and became sick, the sickness may be deemed work related because it was a closer connection. Thus, if any Employees contract coronavirus, then steps need to be taken to:
- Identify whether the Employee recently traveled and where to.
- Whether they had contact with other Employees since returning.
- Testing or recommending testing for other Employees if they were possibly exposed.
If an Employer shuts down due to coronavirus exposure and the same Employer had previously accommodated light duty restrictions for an injured Employee, the Employer/WC carrier may owe a renewed period of TTD based on the inability to accommodate the restrictions.